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MINUTES
PLANNING
AND ZONING COMMISSION
12425 W. BELL ROAD, SUITE D-100
SURPRISE AZ 85374
REGULAR MEETING
February 18, 2003
6:00 P.M.
Call to Order:
Roll call:
Chairman Martha Bails called the Regular Planning and Zoning
Commission Meeting to order at 6:00 p.m. at the Surprise City Hall –
12425 West Bell Road, Suite D-100, Surprise, Arizona 85374, on Tuesday,
February 18, 2003. Also in
attendance with Chairman Bails were: Vice Chairman Dan Morris and
Commissioners Bob Gonzales, Ken Senft, Lyn Truitt, Tony Segarra, and Jan
Blair.
Staff Present:
Deputy City Attorney, Jeff Blilie; Community and Economic Development
Director, Phil Testa; Planning Manager, Scott Phillips; Planners Grant
Penland, Andrew Jochums, Desmond McGeough, James Atkins, and Planning Tech
Stephanie Wilson.
·
Approval of Planning
and Zoning Meeting Minutes of February 4, 2003 with addition of “Cotton
Lane” to comments made by public.
Senft made a motion to approve
the February 4, 2003, minutes.
Segarra seconded the motion. 6
yes votes. 1 abstained (Bails).
Motion carried.
OLD BUSINESS:
REGULAR ITEMS NOT REQUIRING A PUBLIC
HEARING: n/a
REGULAR ITEMS REQUIRING A PUBLIC HEARING:
·
PP02-293
– Consideration and
Action – Preliminary Plat – Kenly Farms, Phase II
Planner, Atkins, gave the
presentation.
Applicants Lynne Lagarde and
Steve Kenly were available to answer questions from the Commission. Using information pulled off the Luke
website and language from previous letters from Luke (see attached as Exhibit
A), Lynne presented the case for Kenly Farms. The applicant understands Luke’s need to establish and now
maintain their overall stance of general ‘discouragement’ to development near
the base. The applicant referred to
the fact that the Mountain Gate project is located closer to the base than
the Kenly Farms project; that Luke has previously understood and acknowledged
the ‘grandfathering’ in of projects; and that R1-43 zoning is the “most
compatible with military airport operation”.
The developers understand and share Luke’s concern about the safety,
health, and welfare of the residents but believe there is no more risk with
the Kenly Farms project as there is with the Mountain Gate area.
Commissioner Senft admits to the
dilemma of preserving Luke and taking into consideration the safety, health,
and welfare of the residents that this situation presents for him as a
commission member. He was hoping for
more open space in case a situation presented itself that a pilot had to
‘ditch’ a plane. Staff pointed out
the 300 acres of City property that houses the sewer treatment plant just to
the east of the developments as a possibility to use for emergencies. As for the six acres earmarked for a
church, the applicant stated there would not be a school or daycare on the
site.
There were no public comments.
Morris made a motion to recommend approval for
Application PP02-293, subject to stipulations a – m, attached hereto as
Exhibit B. Truitt seconded the
motion. 4 yes votes. 3 no votes based
on safety, health, and welfare issues. Motion carried.
·
ZTA02-349
– Consideration and
Action – Zoning Text Amendment – City Initiated Ordinance To Amend The
Setback Requirements For Schools, Civic, Cultural, And Religious Institutions
Chairperson Bails acknowledged that this
application will be continued to the March 4, 2003 meeting and asked that
application materials be reissued to members.
Morris made a motion to approve continuance for
Application ZTA02-349. Blair seconded
the motion. 7 yes votes. Motion
carried.
NEW BUSINESS:
REGULAR ITEMS NOT REQUIRING A PUBLIC HEARING:
·
SP02-306 – Consideration and Action – Site Plan – Surprise
Crossing
Planner, Jochums, gave the
presentation.
General discussion took place
regarding parking (angled vs. 90°),
amount of landscaping, types and size of trees/shrubbery used; screening of
property from surrounding area; location of restaurant in relation to
daycare; angled parking in front of daycare; handicapped parking in front of
restaurant; and the construction phases.
The applicant, Ed Bull,
representing Tri Plus Partners, was present to answer questions from the
commission. Thanked staff for the
constructive comments/guidance and assistance through the process. Emphasized the high quality of the plan,
the extraordinary amount of landscaping, the buffers, the consideration given
to the design of the pedestrian walkways - all elements exceeding city
guidelines. Issues with traffic flow
and pedestrian walkways were clarified as well as the reasoning behind the
location of restaurant on the site.
Truitt made a motion to approve Application SP02-306,
subject to stipulations a – m, (with stipulations “l” – “The trees planted
along the northern boundary shall be no smaller than 24" box,” and “m” –
“The applicant shall utilize effluent to irrigate all landscaping” added)
attached hereto as Exhibit C. Senft
seconded the motion. 7 yes votes.
Motion carried.
REGULAR ITEMS REQUIRING A PUBLIC HEARING:
·
FP02-276
– Consideration And
Action – Final Plat – Mountain Vista Ranch, Parcels 1, 2, & 3
Planner, McGeough, gave the presentation.
General discussion took place regarding Macayo
site, the subdivision/ownership of Parcel 1, maintenance of the drainage
canal and the reimbursement of costs by the property owner to maintain
canal. Commissioner Segarra asked
that it be noted that he is a member of the Mountain Vista Ranch HOA. Questions were raised about where the
responsibility (financial, liability, and maintenance) for the drainage canal
begins and ends with the involvement of both the HOA and the city. Staff clarified that the application is
correction of some existing properties that didn’t comply technically and to
legitimize the fact that the drainage canal is a tract within Mountain Vista
Ranch. In regards to the drainage canal,
Deputy City Attorney, Blilie, said the city entered into an agreement with
Harvard Investments (the HOA at the time) and agreed to provide secondary maintenance on the drainage
canal should the HOA fail to perform the maintenance. However, the HOA and property owners will
remain primarily responsible for maintenance of drainage canal and will be
financially responsible, without any recourse for reimbursement from the
city. As far as who is liable, since
the property is dedicated to the city, the City would be liable for the
drainage canal. Commissioner Senft
wondered, since the City could be held liable, if there were safeguards in
place to protect the city’s interests and staff clarified that the canal was
originally designed pursuant to City guidelines/codes.
There were no public comments.
Morris made a motion to recommend approval for
Application FP02-276, subject to stipulations a – f, attached hereto as
Exhibit D. Blair seconded the
motion. 7 yes votes. Motion carried.
·
CUP02-307
– Consideration And
Action – Conditional Use Permit –Master Sign Program For Surprise Crossing
Planner Tech, Wilson, gave the
presentation.
General discussion took place regarding the LED
sign notice, the four monumental signs, and the split face and the joints of
the monument sign. Applicant
clarified that the joints will be “rubbed” so that they will not be seen at
all and that the sign will be a painted split face.
There were no public comments.
Senft made a motion to recommend approval for
Application CUP02-307, subject to stipulations a – g, attached hereto as
Exhibit E. Segarra seconded the
motion. 7 yes votes. Motion carried.
·
PP02-328
– Consideration And
Action – Preliminary Plat – Bell Pointe I
Chairperson Bails acknowledged that this
application would be continued to the March 4, 2003 meeting.
Morris made a motion to approve continuance for
Application PP02-328. Blair seconded
the motion. 7 yes votes. Motion
carried.
OPEN CALL TO THE PUBLIC:
There were no public comments.
CURRENT
EVENTS REPORT:
Chairperson and Commissioners:
Commissioner Blair mentioned she is still seeing ‘old’ signs up
noticing meetings, would like to request again that staff see that these are
taken down.
Vice Chairman Morris asked if there were any comments regarding the
memo addressing Cotton Lane. Staff
clarified that the developer involved with the project had an approved
development agreement from 1995 and was given the discretion to develop the
type of road he felt was appropriate.
It is in compliance with development agreement – Cotton Lane is an
improved two-lane right of way, not a four-lane arterial.
Community
and Economic Development Director: In response to the public comments made by
Glen Theobald at the last Commission meeting regarding Cotton Lane, Director
Testa forwarded a memo and made the aforementioned comments on Cotton
Lane. He also remarked that the flags
were flying at half-mast in remembrance of Billy Parker.
ADJOURNMENT:
There was
no further business. On a motion duly
made and seconded. Chairperson
Martha Bails declared the meeting adjourned at 7:45 P.M.
__________________________ _________________________
Chairman Martha Bails Philip
A. Testa, Director
Planning and Zoning Commission Community
Development
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